Although we are still only in the first half of 2019, it’s still important to look ahead to what employers will need to be aware of in 2020 and to think about how you will ensure that your business continues to comply with all your obligations. Unfortunately I don’t have a crystal ball (wouldn’t that be nice!) but here are a few certainties that you should be aware of:
WRITTEN STATEMENTS OF EMPLOYMENT
From 6th April 2020 The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 comes into force, requiring written statements of employment particulars (normally contained within a contract of employment) to be given from day one of employment, rather than in the first two months as is the case now.
CALCULATING HOLIDAY PAY
The above regulations will also increase the reference period from 12 to 52 weeks for variable pay when calculating a week’s pay for holiday pay purposes.
PARENTAL BEREAVEMENT LEAVE AND PAY
From April 2020, The Parental Bereavement Leave and Pay Act will give new rights to employed primary carers (including parents, adopters, foster parents and guardians) who lose a child under the age of 18 or suffer a stillbirth from 24 weeks of pregnancy. They will be entitled to at least 2 weeks’ leave and subject to eligibility criteria, may be able to receive pay during the leave. This is something that employers should start to prepare for now and decide whether to introduce a specific bereavement policy. As with all family friendly rights, an employer can decide to offer more than the statutory minimum entitlements.
IR35 AND CONTRACTORS
From 6th April 2020, medium and large businesses in the private sector will now be subject to the same “off payroll” rules as the public sector when it comes to engaging with self employed consultants and contractors i.e. individuals who provide their services via a limited company. Businesses will now be responsible for making their own assessment to establish whether the IR35 rules apply. This is indicative of the fact that employment status generally and particularly employment status of those in the gig economy remains a hot topic and will no doubt have an impact on the way in which contractors are used in private sector businesses going forward.
With Brexit on the horizon and a potential change in government, we will continue to monitor how employment law will be affected and any further proposals for reform that businesses need to be aware of going forward.
For more information on any of the above or to discuss your employment needs generally, please contact Julie Edmonds, Head of Employment, by email: firstname.lastname@example.org, or by telephone 0207 644 7286 or contact her on LinkedIn.